The following General Terms and Conditions of Use ("Terms") contain the basic rules for the use of online services provided by Hire Almighty, (hereafter "Hire Almighty" or "we") and covers all transactions between you (the "User") and Hire Almighty. In addition, extra Terms and Conditions apply to any User renting out goods and/or services.
2.1 Hire Almighty provides an online platform ("the Service") via a website ("the Website") that enables Users to conclude a variety of rental and sales agreements ("Rental Agreements") between themselves (the parties). Hire Almighty does not itself offer items for hire and is not a contracting party in the Rental Agreements. Rental Agreements are concluded solely between individual Users. Such agreements will be between a User renting out goods or services ("the Hire Company") to a User hiring those goods or services ("the Rental Customer"). Nothing in this agreement shall create or be deemed to create a partnership, a joint venture or the relationship of principal and agent or employer and employee between Hire Almighty and a User.
2.2 "User" within the meaning of the Terms includes each person, firm or company who uses the Service including but not limited to all persons, firms or companies registered to use the Service whether to procure information or to initiate or conclude rental transactions irrespective of an intention to enter into an agreement as hirer or rental supplier.
3. Registration / User Account
3.1 Registration is required to enquire about a product or service for hire. Registration is also required for Hire Companies to list their products and/or services.
3.2 Registration and the creation of user accounts is free of charge. We reserve the right to refuse service to anyone, including minors under the age of 18.
3.3 The User is required to disclose true and complete information during registration. A change in the personal data of the User after registration shall be updated in the account settings immediately or - if this is not possible – Hire Almighty shall be informed immediately of the changes. By using the Service or by submitting the registration form, the User agrees to comply with all the Terms and confirms that they are aged 18 years or over and are entitled to use the Service in accordance with the Terms.
3.4 Hire Almighty reserves the right to decline any User´s registration without giving reasons.
3.5 When registering, the User is given the technical possibility to establish a username and password for future access to their account ("Access"). Usernames that violate the rights of third parties, in particular name or trade mark rights, or which are otherwise unlawful or contrary to public decency, are not permitted. The user must keep the Access details secret and protect the account from Access by unauthorized third parties. Where the User has lost or forgotten Access details or suspects that Access credentials are being used by a third party, the User shall change their password immediately.
3.6 Hire Almighty has the right immediately to block a User´s account and terminate this agreement at its own discretion:
a) If false statements were made by the User when registering;
b) In the case of loss or suspicion of misuse of the Access data by any person;
c) If the User has breached any of the Terms; or
d) If any serious act by the User gives Hire Almighty reasonable grounds for so doing.
In the event that a User account is blocked by Hire Almighty, the User concerned is barred from re-registering and opening a User account with Hire Almighty without the prior and express written consent from Hire Almighty.
4. Cancellation instructions
Right of cancellation
Following registration, you can cancel your contractual obligations within 14 days (the "Cancellation Period") in writing (e.g. letter and email) without giving any reasons. The time limit begins at the time the registration process is concluded. The cancellation request must be sent and received during the Cancellation Period. The cancellation request must be sent to:
South Duffield Road
In the event of an effective cancellation, any benefits received by the User or by Hire Almighty must be returned to the other. If you are not able to give a full account of the performance of transactions, or can give only a partial account thereof, you must pay us compensation for the commission value of any logged transactions. This may mean that you must meet the contractual payment obligations for the period up to cancellation. The time limit begins for you when you send the cancellation request and for us with the receipt thereof.
The cancellation period expires prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of cancellation.
End of cancellation instructions
5. Conclusion of Rental Agreements
5.1 The rental customer can contact the Hire Company via the contact form. After the form has been submitted the rental customer will receive an email with the Hire Company’s contact details. Hire Almighty transmits the data in the contact form to the Hire Company and the Hire Company’s contact details onto the rental customer.
Settlement of the Rental Agreement is concluded in each case solely between the Hire Company and the Rental Customer.
5.2 The details of the rented objects come from the Hire Companies. Hire Almighty does not assume liability for the accuracy and timeliness of this information.
5.3 Hire Almighty gives no guarantee to the User that other Users of the Service will not use the Service with intent to fraud. In particular, Hire Almighty does not accept any liability arising as a result of a User registering under a false identity. Hire Almighty recommends that all Users verify the identity of their contracting partners prior to the exchange of goods or services.
6. Use of personal information
Contact details that are disclosed through use of the Service, or that become known within the framework of the use of the Service, may be used by the contracting parties solely for transacting Rental Agreements. In particular, all Users are forbidden from using such data for advertising purposes or for sending any unsolicited email, fax or letter or for making contact by telephone or otherwise.
7.1 The User may terminate this User Agreement at any time. It is sufficient to send a statement in writing to the contact listed in Section 4.
7.2 Hire Almighty can cancel this agreement with the User at any time on two weeks written notice sent by post or email to the relevant address registered by the User. Hire Almighty can also cancel this agreement at any time on breach by the User of this agreement.
8.1 Hire Almighty does not warrant that the use of the Service will be uninterrupted or error-free.
8.2 Hire Almighty shall have no liability for any losses or damages which may be suffered by a User (or any person claiming under or through a User), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories:
8.2.1 Special damage even though Hire Almighty was aware of the circumstances in which such special damage could arise;
8.2.2 Loss of profits, revenue, anticipated savings, business opportunity or goodwill;
8.2.3 Loss of, or damage to, data;
8.2.4 Loss of contract;
8.2.5 Reduction in goodwill;
8.2.6 For any other direct or indirect or consequential loss however arising, due to any use of or defect in the Service (including any virus) even if such loss was reasonably foreseeable or Hire Almighty had been advised of the possibility by the User.
9.1 The User indemnifies and holds harmless Hire Almighty against all claims, damages, costs and expenses of whatever nature (including costs on an indemnity basis) which Hire Almighty may incur or which may be awarded against Hire Almighty and which arise out of the use of the Services by or with the permission of the User or out of a breach of this agreement. For the avoidance of doubt this indemnity includes, without limitation, costs and expenses reasonably incurred in responding to and dealing with claims made irrespective of whether proceedings have been commenced, and claims relating to the services or goods offered by a User through the Website, ratings placed by one User in respect of another User, or as a result of the illegal offer or rental of an item.
9.2 The User is bound, in the event of a claim against Hire Almighty, to provide Hire Almighty immediately, truthfully and completely with all information required by Hire Almighty to examine the claim and to prepare a defence against the claim.
10. No Set-off
A User shall have no right of set-off in relation to any sums due to Hire Almighty or any claims or liabilities the User has or claims to have against Hire Almighty.
11. Governing Law and Dispute Resolution
This agreement shall be governed by and construed in accordance with English law and Hire Almighty and the User hereby submit to the exclusive jurisdiction of the English courts.
12.1 Hire Almighty reserves the right to amend these Terms at any time and without giving reasons. The User will be sent the amended Terms by email.
12.2 The revised Terms are deemed accepted if the User does not object within 14 days following the sending of the email. Any objection must be in writing and will have the effect of immediately terminating this agreement.
Any condition deemed invalid will not affect other conditions.
Additional Terms and Conditions for use of the "Hire Almighty" Service by rental providers
1.1 The following terms and conditions contain additional rules for the use of the online Service provided by Hire Almighty by any User selling or renting out goods or services. (the "Hire Company"). They apply to all, including future transactions and contracts, between Hire Companies and Hire Almighty.
1.2 These additional Terms and Conditions apply in addition to the General Terms and Conditions of use. Where the additional Terms and Conditions contain provisions which conflict with those set out in the General Terms and Conditions, then these additional Terms and Conditions will take priority.
2. Content of the Service, registration
2.1 To use the Service, registration is required by the Hire Company. Registration and listing products and/or services is free, but there is a fee for each enquiry received.
2.2 Registering as a Hire Company is only permitted for commercial purposes. Non-commercial Users are excluded from registering as a Hire Company.
2.3 By submitting the registration form, the Hire Company agrees to the General Terms and Conditions and the additional Terms and Conditions.
As regards the registration of the Hire Company, the provisions of paragraphs 3.2, 3.3, 3.5 and 3.7 of the General Terms and Conditions are specifically brought to the attention of the Hire Company, all of which shall apply.
2.4 Lease agreements and settlement thereof is exclusively between the Hire Company and the Rental Customer. Hire Almighty will not collect fees for the Hire Company.
3. Standard procedure (section 5 of the General Terms and Conditions)
3.1 When a Rental Customer requests a rental item via the contact form, the Hire Company is alerted and can view all such requests in the login area "My Account".
3.2 The request remains in the folder "New enquiries" until it is processed by the Hire Company. Hire Almighty reserves the right to contact the Rental Customer and obtain information about the course of the booking.
4. Termination of contract
4.1 Hire Almighty shall have the right to terminate the contract immediately on written notice should the Hire Company commit a serious breach of the contract including, without limitation if::
although Hire Almighty shall always have the option in such instances of deleting the offending item or temporarily blocking the User’s account.
4.2 Upon termination of the contract, Hire Almighty shall have the right to delete any items placed on the Website by the User.
5.1 A fee is charged every time the Hire Company receives an enquiry. The fees are to be paid at the end of each month via the link in the Hire Company’s account admin area. The Hire Company can only make one payment per month.
6.1 The Hire Company indemnifies and holds harmless Hire Almighty against all claims, damages, costs and expenses of whatever nature (including costs on an indemnity basis) which Hire Almighty may incur or which may be awarded against Hire Almighty and which arise out of the use of the Services by or with the permission of the Hire Company or out of a breach of this agreement. For the avoidance of doubt this indemnity includes, without limitation, costs and expenses reasonably incurred in responding to and dealing with claims made irrespective of whether proceedings have been commenced, and claims relating to the services or goods offered by a Hire Company through the website, ratings placed by one Hire Company in respect of another Hire Company, or as a result of the illegal offer or rental of an item.
6.2 The Hire Company is bound, in the event of a claim against Hire Almighty, to provide Hire Almighty immediately, truthfully and completely with all information required by Hire Almighty to examine the claim and to prepare a defence against the claim.
7. Offering rental items
7.1 The Hire Company has the possibility of offering individual items for rent through the Service. The items placed can be booked through the Website which Hire Almighty maintains in cooperation with other Internet services and in which the Service is wholly or partially integrated.
7.2 Unless otherwise agreed, the Hire Company must place any item in an appropriate category, describe it correctly and completely, and truthfully indicate any specific rental terms, features and characteristics of the item reasonably required by a Rental Customer in deciding whether to enter into a Rental Agreement.
7.3 The Hire Company must ensure that their offer of goods or services for sale or hire complies with all applicable laws, as must their supply or rental of such goods or services and the terms of any Rental Agreement they enter into with another User. This includes, without limitation, all applicable laws governing distance selling and e-commerce and the obligation to provide details of identity and address and to offer a right of cancellation.
7.4 The Hire Company has the possibility of describing the items to be placed with images that can be uploaded when placing the item on the Hire Almighty server. The Hire Company warrants that by using the images no third party rights are infringed, such as copyright or other intellectual property rights.
7.5 The Hire Company must immediately remove items that are no longer available for rental or sale.
7.6 The hire company is obliged to provide accurate and complete billing and delivery details. If these details have changed in any way, the hire company is required to update this information in their user account immediately, or – if this is not possible – to notify Hire Almighty of all the changes.
8. Prohibited Rental Items
8.1 It is forbidden to place items in the Service and offer them for rent
8.2 The rental and sale of animals, especially vertebrates, is subject to special legal conditions and laws for the protection of animals. The Hire Company shall be responsible for adhering to these regulations. Where an official license is required by law then only licensed Hire Companies have the right to list relevant animals on Hire Almighty.
8.3 Hire Almighty reserves the right to remove items that breach these additional Terms and Conditions or the General Terms and Conditions or violate any applicable law, without giving reasons and without prior warning. We draw your attention to Clause 4.3 and 7 of these additional Terms and Conditions.
9. Copyrighted Items
9.1 Originals or duplicates of works on which copyright or performance protection rights exist (e.g. musical works, films, live recordings of performances or concerts, photographs, literary works, maps, paintings, graphics, computer programs, data bases etc.) can only be rented out with the express permission of the holder of the rights. This also applies, with the exception of buildings and works of applied art, even if the original or the copy was put into circulation by sale and with the permission of the holder of the distribution rights, and the Hire Company has legally acquired the original or copy.
9.2 The Hire Company confirms that the holder of the distribution rights on any item has given permission for the item to be rented out wherever such permission is necessary. Attention is drawn to Clause 4.3 and 7.
10. Prohibited Details
10.1 The item description given by the Hire Company, including any uploaded images may not contain advertising for products other than the items offered unless explicit written consent is agreed with Hire Almighty.
10.2 It is not permitted to create links to your website or a third party website unless explicit written consent is agreed with Hire Almighty.
10.3 It is not permitted to disclose any company contact information in the descriptions (including titles and short descriptions) of any products listed on Hire Almighty.